IB 

Union Calendar No. 198 

116TH CONGRESS 

1ST SESSION H. R. 1305 

[Report No. 116–249, Part I] 

To implement the Agreement on the Conservation of Albatrosses and Petrels, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2019 

Mr. LOWENTHAL (for himself, Mr. FITZPATRICK, Mr. TED LIEU of California, 

Mr. BLUMENAUER, Mr. KILMER, Mr. GARAMENDI, Ms. NORTON, Mr. 

DEFAZIO, Mr. MCNERNEY, Ms. BROWNLEY of California, Mr. POCAN, 

Mr. SCHIFF, Mr. CARTWRIGHT, and Mr. HUFFMAN) introduced the following bill; which was referred to the Committee on Natural Resources, 

and in addition to the Committee on Foreign Affairs, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

OCTOBER 22, 2019 

Additional sponsors: Ms. ESHOO, Mr. DESAULNIER, Mr. VAN DREW, Mr. 

CASE, Mr. COHEN, Ms. LOFGREN, Mrs. NAPOLITANO, Ms. MUCARSELPOWELL, Mr. HARDER of California, Ms. WILD, Ms. SCHAKOWSKY, Mr. 

SUOZZI, Ms. DELBENE, Ms. ADAMS, Mr. DAVID SCOTT of Georgia, and 

Mr. ROONEY of Florida 

OCTOBER 22, 2019 

Reported from the Committee on Natural Resources 

OCTOBER 22, 2019 

Committee on Foreign Affairs discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 


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A BILL 

To implement the Agreement on the Conservation of 

Albatrosses and Petrels, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Albatross and Petrel Conservation Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—CONSERVATION MEASURES 

Sec. 101. Reestablishment of species. 

Sec. 102. Management of nonnative species. 

Sec. 103. Habitat conservation and restoration. 

Sec. 104. Management of human activities. 

Sec. 105. Education and public awareness. 

TITLE II—PROHIBITED ACTS, PERMITS, AND EXEMPTIONS 

Sec. 201. Prohibited acts. 

Sec. 202. Authorization of take. 

Sec. 203. Exemption. 

TITLE III—PENALTIES AND ENFORCEMENT 

Sec. 301. Enforcement. 

TITLE IV—AGREEMENT AUTHORITY 

Sec. 401. Agreement authority. 

Sec. 402. Reporting. 

Sec. 403. General coordination. 

TITLE V—INTERNATIONAL COOPERATION AND ASSISTANCE 

Sec. 501. Cooperation among nations. 

TITLE VI—BYCATCH AND EQUIVALENT CONSERVATION 

Sec. 601. Protected living marine resources. 

TITLE VII—MISCELLANEOUS PROVISIONS 

Sec. 701. Regulatory authority. 

Sec. 702. Administration. 

Sec. 703. Effective date. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADVISORY COMMITTEE.—The term ‘‘Advi4 sory Committee’’ means the Advisory Committee es5 tablished by Article IX of the Agreement. 

6 (2) AGREEMENT.—Each of the terms ‘‘Agree7 ment on the Conservation of Albatrosses and 

8 Petrels’’ and ‘‘Agreement’’ means the Agreement on 

9 the Conservation of Albatrosses and Petrels, done at 

10 Cape Town, South Africa, on February 2, 2001. 

11 (3) COVERED ALBATROSSES AND PETRELS.— 

12 The terms ‘‘covered albatrosses and petrels’’ and 

13 ‘‘covered albatross or petrel’’ mean any species, sub14 species, population, or individual within the taxo15 nomic order Procellariiformes that is listed under 

16 Annex I of the Agreement, whether dead or alive, in17 cluding any part, egg, derivative nest, or product of 

18 such a species, subspecies, population, or individual. 

19 (4) ANTARCTICA.—The term ‘‘Antarctica’’ 

20 means the area south of 60 degrees south latitude. 

21 (5) BREEDING SITE.—The term ‘‘breeding site’’ 

22 means— 

23 (A) a location in the wild at which any cov24 ered albatross or petrel eggs, tended by the par25 ent birds, have successfully hatched at any time 

26 in the previous 5 years; or 


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1 (B) a location where reestablishment of 

2 breeding covered albatrosses and petrels is un3 derway. 

4 (6) CONSERVATION MEASURE.—The term ‘‘con5 servation measure’’ means any action taken for the 

6 purpose of achieving or maintaining the favorable 

7 conservation status of covered albatrosses and 

8 petrels. 

9 (7) DISTURB AND DISTURBANCE.—Each of the 

10 terms ‘‘disturb’’ and ‘‘disturbance’’ means any act 

11 that interferes with the natural behavioral patterns 

12 of covered albatrosses and petrels, including migra13 tion, brooding, nesting, breeding, feeding, or shel14 tering, to a point at which such behavioral patterns 

15 are abandoned or significantly altered. 

16 (8) FAVORABLE CONSERVATION STATUS.—The 

17 term ‘‘favorable conservation status’’ has the mean18 ing given the term in Article I of the Agreement. 

19 (9) HABITAT.—The term ‘‘habitat’’ means any 

20 area within the range, that contains suitable living 

21 conditions for covered albatrosses and petrels, in22 cluding appropriate nesting and foraging areas. 

23 (10) MAGNUSON-STEVENS ACT.—The term 

24 ‘‘Magnuson-Stevens Act’’ means the Magnuson-SteVerDate Sep 11 2014 23:56 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1305.RH H1305

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1 vens Fishery Conservation and Management Act (16 

2 U.S.C. 1801 et seq.). 

3 (11) PARTY.—The term ‘‘Party’’ means any 

4 country (including the United States) or regional 

5 economic integration organization that has ratified 

6 or acceded to the Agreement. 

7 (12) PERSON.—The term ‘‘person’’ means— 

8 (A) any individual (whether or not a cit9 izen or national of the United States); 

10 (B) any corporation, partnership, associa11 tion, or other entity (whether or not existing 

12 under the laws of any State); and 

13 (C) any Federal, State, local, or foreign 

14 government or any entity of such a government. 

15 (13) RANGE.—The term ‘‘range’’ means— 

16 (A) all land or water that any covered 

17 albatrosses and petrels inhabit, stay in tempo18 rarily, cross, or over-fly, at any time during mi19 gration, breeding, feeding, or aggregating; and 

20 (B) any other areas that the Secretary or 

21 the Secretary of Commerce determines have 

22 been used for any of those purposes. 

23 (14) RANGE STATE.—The term ‘‘range state’’ 

24 means any country— 


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1 (A) that exercises jurisdiction over any 

2 part of a range; or 

3 (B) the flagged vessels of which are en4 gaged outside of the jurisdictional limits of the 

5 country in take, or in an activity that has the 

6 potential to take. 

7 (15) REGIONAL FISHERY MANAGEMENT COUN8 CIL.—The term ‘‘Regional Fishery Management 

9 Council’’ means any Regional Fishery Management 

10 Council established by section 302(a)(1) of the Mag11 nuson-Stevens Act (16 U.S.C. 1852(a)(1)). 

12 (16) SECRETARIAT.—The term ‘‘Secretariat’’ 

13 means the Secretariat established by the Parties to 

14 the Agreement pursuant to paragraph 11 of Article 

15 VIII. 

16 (17) SECRETARY.—The term ‘‘Secretary’’ 

17 means the Secretary of the Interior. 

18 (18) TAKE.—The term ‘‘take’’ means to harm19 fully interfere with, harass, pursue, hunt, shoot, 

20 wound, kill, trap, capture, destroy, possess, or col21 lect. 

22 (19) UNITED STATES.—The term ‘‘United 

23 States’’ means— 

24 (A) each of the several States; 

25 (B) the District of Columbia; 


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1 (C) the Commonwealth of Puerto Rico; 

2 (D) the United States Virgin Islands; 

3 (E) American Samoa; 

4 (F) Guam; 

5 (G) the Commonwealth of the Northern 

6 Mariana Islands; and 

7 (H) any other commonwealth, territory, or 

8 possession of the United States. 

9 (20) WATERS SUBJECT TO THE JURISDICTION

10 OF THE UNITED STATES.—The term ‘‘waters subject 

11 to the jurisdiction of the United States’’ means— 

12 (A) the waters of the United States terri13 torial sea under Presidential Proclamation 

14 5928, dated December 27, 1988 (43 U.S.C. 

15 1331 note); 

16 (B) the exclusive economic zone (as defined 

17 in section 107 of title 46, United States Code); 

18 and 

19 (C) the areas referred to as ‘‘eastern spe20 cial areas’’ in Article 3(1) of the Agreement be21 tween the United States of America and the 

22 Union of Soviet Socialist Republics on the Mar23 itime Boundary, signed at Washington, June 1, 

24 1990 (T. Doc. 101–22), including those areas 

25 east of the maritime boundary, as defined in 


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1 that Agreement, that lie within 200 nautical 

2 miles of the baselines from which the breadth of 

3 the territorial sea of Russia is measured but be4 yond 200 nautical miles of the baselines from 

5 which the breadth of the territorial sea of the 

6 United States is measured. 

7 TITLE I—CONSERVATION 

8 MEASURES 

9 SEC. 101. REESTABLISHMENT OF SPECIES. 

10 The Secretary, in consultation with the Secretary of 

11 Commerce, as appropriate, may carry out activities, based 

12 on the best available scientific information, to reestablish 

13 covered albatrosses and petrels within the range. 

14 SEC. 102. MANAGEMENT OF NONNATIVE SPECIES. 

15 (a) IN GENERAL.—The Secretary or the Secretary of 

16 Commerce, as appropriate, in consultation with each other 

17 and with the heads of other relevant Federal agencies, and 

18 consistent with this Act and any other applicable law, may 

19 carry out activities to prevent the introduction of, eradi20 cate, or control invasive and nonnative species that have 

21 or may have an adverse effect on covered albatrosses and 

22 petrels. 

23 (b) INCLUDED ACTIVITIES.—The activities under 

24 subsection (a) may include— 


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1 (1) implementation of management plans for 

2 such invasive or nonnative species; 

3 (2) research on and development of practical 

4 and effective techniques to eradicate or control 

5 invasive or nonnative species; 

6 (3) development of regional assessments on es7 tablished and newly discovered populations of 

8 invasive or nonnative species; 

9 (4) development of decision-support tools to 

10 prevent the introduction or establishment of invasive 

11 or nonnative species; 

12 (5) development of rapid response approaches 

13 and techniques; 

14 (6) documentation of— 

15 (A) any invasive or nonnative species that 

16 coexist with humans; and 

17 (B) delineation of areas in which eradi18 cation or control of those species would be most 

19 effective and cost efficient; 

20 (7) eradication or control of established popu21 lations or individuals of invasive or nonnative spe22 cies; and 

23 (8) outreach and education related to— 

24 (A) the impacts of invasive or nonnative 

25 species on covered albatrosses and petrels; and 


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1 (B) the techniques to eradicate or control 

2 those species. 

3 SEC. 103. HABITAT CONSERVATION AND RESTORATION. 

4 (a) AUTHORITY OF SECRETARY.— 

5 (1) USE OF OTHER AUTHORITIES.—The Sec6 retary may use authority available under any other 

7 laws for the protection of wildlife to conserve, pro8 tect, and restore breeding sites of covered 

9 albatrosses and petrels, including authority under— 

10 (A) the Migratory Bird Conservation Act 

11 (16 U.S.C. 715 et seq.); 

12 (B) the Fish and Wildlife Coordination Act 

13 (16 U.S.C. 661 et seq.); 

14 (C) the Fish and Wildlife Act of 1956 (16 

15 U.S.C. 742a, et seq.); and 

16 (D) any other cooperative or land-acquisi17 tion authority vested in the Secretary. 

18 (2) MANAGEMENT PLANS AND CONSERVATION

19 MEASURES.—The Secretary, in consultation with the 

20 Secretary of Commerce, may develop and implement 

21 management plans and undertake measures for the 

22 conservation and protection of covered albatross and 

23 petrel habitat. 


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1 (b) AUTHORITY OF SECRETARY OF COMMERCE.— 

2 The Secretary of Commerce, in consultation with the Sec3 retary, may— 

4 (1) develop and implement management plans 

5 and undertake conservation measures in marine 

6 habitats to ensure the sustainability of living marine 

7 resources that provide food for such covered 

8 albatrosses and petrels; and 

9 (2) use authority under law to conserve and 

10 protect marine habitat important to the conservation 

11 of covered albatrosses and petrels, including such 

12 authority under— 

13 (A) the National Marine Sanctuaries Act 

14 (16 U.S.C. 1431 et seq.); and 

15 (B) the Magnuson-Stevens Act. 

16 SEC. 104. MANAGEMENT OF HUMAN ACTIVITIES. 

17 (a) POLLUTANTS AND MARINE DEBRIS.— 

18 (1) RESEARCH.—The Secretary and the Sec19 retary of Commerce may undertake scientific re20 search to assess the effects of pollutants and marine 

21 debris on covered albatrosses and petrels. 

22 (2) MARINE DEBRIS.—The Secretary and the 

23 Secretary of Commerce may each develop and imple24 ment conservation measures to minimize the effects 


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1 of, or threats posed by, marine debris on covered 

2 albatrosses and petrels. 

3 (b) PREVENTION, MINIMIZATION, OR MITIGATION OF

4 TAKE AND DISTURBANCE.—The Secretary and the Sec5 retary of Commerce— 

6 (1) in consultation with each other and con7 sistent with the Migratory Bird Treaty Act (16 

8 U.S.C. 703 et seq.) and any other authority, may 

9 develop and implement measures, including by 

10 issuing regulations, to prevent, minimize, or miti11 gate— 

12 (A) the take of covered albatrosses and 

13 petrels— 

14 (i) on lands or in waters subject to 

15 the jurisdiction of the United States; and 

16 (ii) by vessels and nationals of the 

17 United States located outside the jurisdic18 tion of the United States; and 

19 (B) the disturbance of covered albatrosses 

20 and petrels— 

21 (i) on lands or in waters subject to 

22 the jurisdiction of the United States; and 

23 (ii) by vessels and nationals of the 

24 United States located outside the jurisdic25 tion of the United States; and 


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1 (2) shall— 

2 (A) notify the Secretary of the department 

3 in which the Coast Guard is operating of any 

4 actions taken under this subsection, to ensure a 

5 coordinated effort to prevent, minimize, or miti6 gate the taking of covered albatrosses and 

7 petrels; and 

8 (B) if determined necessary, request that 

9 the applicable Secretary take additional action 

10 to prevent or minimize take of covered 

11 albatrosses and petrels. 

12 (c) MEASURES TO ADDRESS BYCATCH IN FISH13 ERIES.— 

14 (1) IN GENERAL.—The Secretary of Commerce, 

15 in consultation with the Regional Fishery Manage16 ment Council with jurisdiction over the relevant fish17 ery under the Magnuson-Stevens Act, may develop 

18 and undertake measures to minimize the bycatch of 

19 covered albatrosses and petrels in the fishery. 

20 (2) MONITORING.—The Secretary of Com21 merce, in consultation with such Regional Fishery 

22 Management Council, may engage in— 

23 (A) regional assessments of covered 

24 albatrosses and petrels interactions with fishing 


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1 gear to determine the extent and nature of such 

2 interactions; 

3 (B) collection of covered albatrosses and 

4 petrels bycatch data, including through on5 board-observer programs— 

6 (i) to determine the nature and extent 

7 of covered albatrosses and petrels inter8 actions with United States fisheries; and 

9 (ii) to evaluate the effectiveness of 

10 any prescribed mitigation measures; and 

11 (C) research on bycatch-mitigation meas12 ures to develop the most practical and effective 

13 deterrent measures that reduce such bycatch. 

14 (3) DISCLOSURE OF INFORMATION.— 

15 (A) IN GENERAL.—In carrying out this 

16 subsection, the Secretary of Commerce may dis17 close, as necessary and appropriate, information 

18 collected under this Act to the Food and Agri19 culture Organization of the United Nations, re20 gional fishery-management organizations, or ar21 rangements made pursuant to an international 

22 fishery-management agreement, if such organi23 zations or arrangements have policies and pro24 cedures to safeguard such information from un25 intended or unauthorized disclosure. 


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1 (B) INTERNATIONAL FISHERY AGREEMENT

2 DEFINED.—In this paragraph the term ‘‘inter3 national fishery agreement’’ has the meaning 

4 given the term in section 3 of the Magnuson5 Stevens Act (16 U.S.C. 1802). 

6 SEC. 105. EDUCATION AND PUBLIC AWARENESS. 

7 The Secretary, and the Secretary of Commerce, in 

8 consultation with relevant Regional Fishery Management 

9 Councils and others, may— 

10 (1) make information on the conservation sta11 tus of covered albatrosses and petrels, the threats 

12 facing covered albatrosses and petrels, and any ac13 tions taken under the Agreement available to— 

14 (A) the scientific, fishing, and seabird con15 servation communities; 

16 (B) the public; 

17 (C) relevant local authorities; 

18 (D) other decisionmakers; 

19 (E) other Parties; and 

20 (F) other countries; 

21 (2) cooperate with other Parties, the Secre22 tariat, and other persons to develop training pro23 grams and general information products and ex24 change resource materials regarding such conserva25 tion; and 


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1 (3) provide training programs to ensure that 

2 personnel responsible for the implementation of this 

3 Act have adequate knowledge to implement it effec4 tively. 

5 TITLE II—PROHIBITED ACTS, 

6 PERMITS, AND EXEMPTIONS 

7 SEC. 201. PROHIBITED ACTS. 

8 (a) IN GENERAL.—Except as authorized by a permit, 

9 authorization, or exemption under section 202 or 203, it 

10 is unlawful— 

11 (1) to take any covered albatross or petrel; 

12 (2) to commit any act with respect to covered 

13 albatrosses or petrels that would be prohibited by 

14 section 2 of the Migratory Bird Treaty Act (16 

15 U.S.C. 703(a)) if covered albatrosses or petrels were 

16 treated as migratory birds for purposes of that sec17 tion; or 

18 (3) to attempt to engage in any act described 

19 in paragraph (1) or (2) of this subsection. 

20 (b) APPLICABILITY.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), the prohibitions under this Act apply— 

23 (A) on lands and in waters subject to the 

24 jurisdiction of the United States; and 


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1 (B) to vessels and nationals of the United 

2 States on lands or in waters beyond the juris3 diction of the United States. 

4 (2) LIMITATION.—This section shall not apply 

5 with respect to any covered albatross or petrel law6 fully taken before the effective date of this Act. 

7 (c) OTHER PROHIBITED CONDUCT.—It is unlawful— 

8 (1) to violate this Act or any regulation or per9 mit issued under this Act; 

10 (2) to refuse permission to board, search, or in11 spect any vessel that is subject to the control of that 

12 person to an officer authorized under section 301(b) 

13 to conduct any search, investigation, or inspection to 

14 enforce this Act or any regulation or permit issued 

15 under this Act; 

16 (3) to forcibly assault, resist, oppose, impede, 

17 intimidate, or interfere with any officer authorized 

18 under section 301(b) in the conduct of any search, 

19 investigation, or inspection under this Act; 

20 (4) to resist a lawful arrest or detention for any 

21 act prohibited by this Act or any regulation or per22 mit issued under this Act; or 

23 (5) to interfere with, delay, or prevent, by any 

24 means, the apprehension, arrest, or detention of an25 other person, knowing that the other person has 


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1 committed an act prohibited by this Act or any regu2 lation or permit issued under this Act. 

3 SEC. 202. AUTHORIZATION OF TAKE. 

4 (a) PERMITS AND REGULATORY AUTHORIZATION.— 

5 (1) IN GENERAL.—The Secretary, in consulta6 tion with the Secretary of Commerce, as appro7 priate, may, subject to the limitations of the terms 

8 of the Agreement and other applicable law, authorize 

9 by permit or regulation the deliberate taking of any 

10 covered albatrosses and petrels— 

11 (A) to enhance the propagation, reestab12 lishment, or survival of those covered 

13 albatrosses and petrels; 

14 (B) on a selective basis and to a limited 

15 extent, for scientific, educational, or similar 

16 purposes; 

17 (C) to accommodate the traditional needs 

18 and practices of indigenous people; 

19 (D) for the purposes of assistance or sal20 vage pursuant to the Migratory Bird Treaty 

21 Act (16 U.S.C. 703 et seq.); or 

22 (E) in other exceptional circumstances as 

23 determined by the Secretary. 

24 (2) OTHER TAKE.—The Secretary may author25 ize by permit or regulation the take of covered 


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1 albatrosses or petrels not otherwise provided for in 

2 this Act that is incidental to otherwise lawful activi3 ties. 

4 (3) LIMITATIONS.—A permit or regulatory au5 thorization under this subsection— 

6 (A) shall be limited in area and duration 

7 of application; and 

8 (B) shall not— 

9 (i) result in the elimination of the fa10 vorable conservation status for any covered 

11 albatrosses and petrels; or 

12 (ii) authorize any activity otherwise 

13 prohibited by any other statute or regula14 tion. 

15 (4) ACCESS TO BREEDING SITES.—Any permit 

16 or other regulatory authorization under this sub17 section that authorizes access to breeding sites of 

18 covered albatrosses and petrels, including for pur19 poses of scientific research, shall contain terms and 

20 conditions to minimize unnecessary disturbance to 

21 covered albatrosses and petrels, and to minimize the 

22 impact on their habitats. 

23 (b) EXCEPTIONS.—The taking of covered albatrosses 

24 and petrels is not prohibited by this Act if— 


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1 (1) the taking is necessary to avoid imminent 

2 suffering, serious injury, additional injury, or death 

3 to any covered albatrosses and petrels hooked or en4 tangled in fishing gear or debris; 

5 (2) reasonable care is taken to ensure the safe 

6 and expeditious release of the covered albatrosses 

7 and petrels; and 

8 (3) the taking is reported to the Secretary of 

9 Commerce in a timely manner. 

10 SEC. 203. EXEMPTION. 

11 (a) MILITARY ACTIVITIES.— 

12 (1) IN GENERAL.—It shall not be a violation of 

13 this Act for personnel of the Department of Defense 

14 to take covered albatrosses and petrels incidental to 

15 military activities. 

16 (2) VESSELS AND AIRCRAFT.—This Act shall 

17 not apply to vessels and aircraft entitled to sovereign 

18 immunity under international law. 

19 (3) GUIDANCE TO AVOID OR MINIMIZE TAKE.— 

20 The Secretary, in consultation with the Secretary of 

21 Commerce and the Secretary of Defense, may issue 

22 guidance to minimize, to the extent practicable, the 

23 take of covered albatrosses and petrels that is inci24 dental to military activities. 

25 (b) COAST GUARD ACTIVITIES.— 


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1 (1) LAW ENFORCEMENT.—Nothing in this sec2 tion shall be considered to limit the authority of the 

3 Coast Guard to enforce this or any other Federal 

4 law under section 89 of title 14, United States Code. 

5 (2) EMERGENCY RESPONSE.—It shall not be a 

6 violation of this Act for the Coast Guard to take any 

7 covered albatrosses and petrels incidental to any 

8 emergency response or search and rescue activity. 

9 (c) OTHER ACTIVITIES.—Take of any covered 

10 albatrosses and petrels is not unlawful if the take was 

11 caused by any officer who is authorized by the Secretary, 

12 the Secretary of Commerce, or the head of any Federal 

13 or State agency that has entered into an agreement with 

14 the Secretary or the Secretary of Commerce under section 

15 403, to enforce this Act while performing official duties. 

16 (d) BYCATCH OF COVERED ALBATROSSES AND

17 PETRELS IN FISHERIES.—It shall not be a violation of 

18 this Act for any person to take covered albatrosses and 

19 petrels as bycatch incidental to otherwise lawful fishing 

20 activities, if carried out in accordance with applicable 

21 measures to minimize the bycatch of covered albatrosses 

22 and petrels undertaken pursuant to section 104(c). 


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1 TITLE III—PENALTIES AND 

2 ENFORCEMENT 

3 SEC. 301. ENFORCEMENT. 

4 (a) RESPONSIBILITY.— 

5 (1) IN GENERAL.—This Act, and any regula6 tions or permits issued under this Act, shall be en7 forced by the Secretary, the Secretary of Commerce, 

8 and the Secretary of the department in which the 

9 Coast Guard is operating. 

10 (2) ADMINISTRATION.—Subject to the limita11 tions of section 1385 of title 18, United States Code, 

12 the Secretary, the Secretary of Commerce, and the 

13 Secretary of the department in which the Coast 

14 Guard is operating may, by agreement, on a reim15 bursable basis or otherwise, use the personnel, serv16 ices, equipment (including aircraft and vessels), and 

17 facilities of the Coast Guard, and of any State agen18 cy in the performance of duties under this Act. 

19 (b) POWERS OF AUTHORIZED OFFICERS.— 

20 (1) AUTHORITIES UNDER MAGNUSON-STEVENS

21 ACT.—The Secretary of Commerce, the Secretary of 

22 the department in which the Coast Guard is oper23 ating, and the head of any Federal or State agency 

24 that has entered into an agreement with either such 

25 Secretary under this section may, if the agreement 


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1 so provides, authorize officers who are under the ad2 ministrative jurisdiction of such Secretary or agency 

3 to enforce the provisions of this Act or any regula4 tion promulgated under this Act. Any officer so au5 thorized may enforce this Act in the same manner, 

6 by the same means, and with the same jurisdiction, 

7 powers, and duties as though section 311 of the 

8 Magnuson-Stevens Act (16 U.S.C. 1861) were incor9 porated into and made a part of this Act. 

10 (2) AUTHORITIES UNDER MIGRATORY BIRD

11 TREATY ACT.—The Secretary of the Interior and the 

12 head of any Federal or State agency that has en13 tered into an agreement with the Secretary under 

14 this section may, if the agreement so provides, au15 thorize officers who are under the administrative ju16 risdiction of such Secretary or agency to enforce the 

17 provisions of this Act or any regulation promulgated 

18 under this Act. Any officer so authorized may en19 force this Act in the same manner, by the same 

20 means, and with the same jurisdiction, powers, and 

21 duties as though section 5 of the Migratory Bird 

22 Treaty Act (16 U.S.C. 706) were incorporated into 

23 and made a part of this Act. 

24 (c) PENALTIES.— 


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1 (1) PERSONS AND VESSELS SUBJECT TO THE

2 JURISDICTION OF THE SECRETARY OF COMMERCE.— 

3 Any person or vessel that is subject to the jurisdic4 tion of the Secretary of Commerce and that violates 

5 this Act or any permit or regulation issued under 

6 this Act shall be subject to the penalties, and enti7 tled to the privileges and immunities, provided in the 

8 Magnuson-Stevens Act in the same manner and by 

9 the same means as though sections 308 through 311 

10 of that Act (16 U.S.C. 1858 through 1861) were in11 corporated into and made a part of this Act. 

12 (2) PERSONS AND VESSELS SUBJECT TO THE

13 JURISDICTION OF THE SECRETARY OF THE INTE14 RIOR.—Any person or vessel that is subject to the 

15 jurisdiction of the Secretary of the Interior and that 

16 violates this Act or permit or regulation issued 

17 under this Act shall be subject to the penalties, and 

18 entitled to the privileges and immunities, provided in 

19 the Migratory Bird Treaty Act (16 U.S.C. 703 et 

20 seq.) in the same manner and by the same means 

21 as though section 6 of that Act (16 U.S.C. 707) 

22 were incorporated into and made a part of this Act. 


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1 TITLE IV—AGREEMENT 

2 AUTHORITY 

3 SEC. 401. AGREEMENT AUTHORITY. 

4 (a) IN GENERAL.—The Secretary and the Secretary 

5 of Commerce shall each designate an office or program 

6 of the United States Fish and Wildlife Service and of the 

7 National Marine Fisheries Service, respectively, that shall 

8 jointly— 

9 (1) function as the United States Authority in 

10 accordance with Article VII of the Agreement, to un11 dertake, monitor, and control all activities carried 

12 out in the implementation and enforcement of the 

13 Agreement within the respective jurisdictions of the 

14 United States Fish and Wildlife Service and the Na15 tional Marine Fisheries Service; and 

16 (2) designate a United States Representative in 

17 accordance with Article IX of the Agreement and 

18 designate a contact point for the United States in 

19 accordance with Article VII of the Agreement. 

20 (b) ROLE OF UNITED STATES AUTHORITY.—The 

21 Authority designated under subsection (a) shall, for the 

22 purposes of the Agreement— 

23 (1) monitor all activities that may have an im24 pact on the conservation status of those covered 


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1 albatrosses and petrels for which the United States 

2 is a range state; and 

3 (2) designate a Contact Point as required by 

4 Article VII of the Agreement for communication 

5 with the Secretariat. 

6 SEC. 402. REPORTING. 

7 (a) REPORT TO CONGRESS.—The Secretary, in con8 sultation with the Secretary of Commerce, the Secretary 

9 of State, and any other Federal agency, as appropriate, 

10 shall not later than 1 year after the effective date of this 

11 Act, and every 4 years thereafter, submit a report to the 

12 Congress that includes— 

13 (1) the list of all covered albatrosses and petrels 

14 that are subject to this Act; 

15 (2) the status of all covered albatrosses and 

16 petrels that occur in the United States and within 

17 the waters subject to the jurisdiction of the United 

18 States; and 

19 (3) actions taken and those conservation meas20 ures believed necessary to achieve and maintain a fa21 vorable conservation status for covered albatrosses 

22 and petrels. 

23 (b) REPORT TO THE ADVISORY COMMITTEE.—The 

24 Secretary and the Secretary of Commerce may jointly pro25 vide to the Advisory Committee, through the Secretariat, 


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1 a report on the implementation of the Agreement by the 

2 United States. 

3 SEC. 403. GENERAL COORDINATION. 

4 In carrying out this Act, the Secretary and the Sec5 retary of Commerce— 

6 (1) shall work together and may request that 

7 other Federal agencies take actions, to achieve or 

8 maintain a favorable conservation status for covered 

9 albatrosses and petrels; and 

10 (2) shall consult with the heads of other Fed11 eral agencies when taking actions on lands or waters 

12 owned by the United States and under the jurisdic13 tion of those Federal agencies. 

14 TITLE V—INTERNATIONAL 

15 COOPERATION AND ASSISTANCE 

16 SEC. 501. COOPERATION AMONG NATIONS. 

17 (a) IN GENERAL.—The Secretary, the Secretary of 

18 Commerce, and the Secretary of State may cooperate with 

19 other countries to achieve and maintain a favorable con20 servation status of covered albatrosses and petrels, includ21 ing by— 

22 (1) the development of systems for collecting 

23 and analyzing data and exchanging information; 

24 (2) the exchange of information regarding adop25 tion and enforcement of legislative and other manVerDate Sep 11 2014 23:56 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H1305.RH H1305

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1 agement approaches to conservation of covered 

2 albatrosses and petrels; 

3 (3) the implementation of education and aware4 ness programs for users of areas in which covered 

5 albatrosses and petrels may be encountered; 

6 (4) the design and implementation of com7 prehensive programs for public information in rela8 tion to the conservation of covered albatrosses and 

9 petrels; 

10 (5) the development and implementation of 

11 training programs on conservation techniques and 

12 measures to mitigate threats affecting covered 

13 albatrosses and petrels; 

14 (6) the exchange of expertise, techniques, and 

15 knowledge; and 

16 (7) entering into cooperative arrangements, in17 cluding, as appropriate, international agreements. 

18 (b) ASSISTANCE.—The Secretary and the Secretary 

19 of Commerce, in cooperation with the Secretary of State, 

20 may provide training, technical, and financial support to 

21 the Secretariat, other international and intergovernmental 

22 organizations, and other countries, to assist in imple23 menting the objectives of the Agreement. 


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1 TITLE VI—BYCATCH AND 

2 EQUIVALENT CONSERVATION 

3 SEC. 601. PROTECTED LIVING MARINE RESOURCES. 

4 Section 610(e) of the High Seas Driftnet Fishing 

5 Moratorium Protection Act (16 U.S.C. 1826k(e)) is 

6 amended by striking paragraph (1) and inserting the fol7 lowing: 

8 ‘‘(1) except as provided in paragraph (2), 

9 means nontarget fish, sea turtles, seabirds, or ma10 rine mammals that are protected under United 

11 States law or international agreement, including— 

12 ‘‘(A) the Marine Mammal Protection Act 

13 of 1972 (16 U.S.C. 1361 et seq.); 

14 ‘‘(B) the Endangered Species Act of 1973 

15 (16 U.S.C. 1531 et seq.); 

16 ‘‘(C) the Shark Finning Prohibition Act 

17 (16 U.S.C. 1822 note; Public Law 106–557), 

18 including amendments made by that Act; 

19 ‘‘(D) the Convention on International 

20 Trade in Endangered Species of Wild Fauna 

21 and Flora, done at Washington March 3, 1973 

22 (27 UST 1087, TIAS 8249); and 

23 ‘‘(E) the Albatross and Petrel Conserva24 tion Act; but’’. 


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1 TITLE VII—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 701. REGULATORY AUTHORITY. 

4 (a) REGULATIONS.— 

5 (1) IN GENERAL.—Except as otherwise pro6 vided in this section— 

7 (A) the Secretary of Commerce may de8 velop and issue regulations as necessary to im9 plement the Agreement and this Act with re10 spect to sections 103(b), 104(c), 203(d), and 

11 601 of this Act; 

12 (B) the Secretary and the Secretary of 

13 Commerce may jointly develop and issue regula14 tions as necessary to implement the Agreement 

15 and this Act with respect to sections 102, 105, 

16 401, and 403; and 

17 (C) the Secretary and the Secretary of 

18 Commerce may each issue regulations as nec19 essary to implement the Agreement and this 

20 Act with respect to sections 104(a)(2), 104(b), 

21 and 201. 

22 (b) CONSULTATION.—In issuing regulations under 

23 this Act, the Secretary and the Secretary of Commerce 

24 shall consult each other. 


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1 (c) ANTARCTICA.—In issuing regulations under this 

2 Act, the Secretary and the Secretary of Commerce shall 

3 consult with the Director of the National Science Founda4 tion (or the designee of such Director) on implementation 

5 related to Antarctica. 

6 SEC. 702. ADMINISTRATION. 

7 (a) IN GENERAL.—Except as specified in section 

8 601, nothing in this Act repeals, supersedes, overrides, or 

9 modifies any provision of Federal law. 

10 (b) EFFECT ON LANDS AND WATERS.— 

11 (1) CONCURRENCE REQUIRED.—Nothing in this 

12 Act authorizes the Secretary or the Secretary of 

13 Commerce to carry out any activities under this Act 

14 on land or in waters under the area-based manage15 ment jurisdiction of the other, unless the Secretary 

16 and the Secretary of Commerce agree. 

17 (2) CONSULTATION.—In those areas in which 

18 neither the Secretary nor the Secretary of Commerce 

19 has explicit area-based management jurisdiction, the 

20 Secretary and the Secretary of Commerce shall carry 

21 out this Act in consultation with each other. 

22 SEC. 703. EFFECTIVE DATE. 

23 This Act takes effect on the date that is 180 days 

24 after the date of the enactment of this Act. 


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Union Calendar No. 198 

116TH CONGRESS 

1ST SESSION H. R. 1305 

[Report No. 116–249, Part I] 

A BILL 

of Albatrosses and Petrels, and for other purposes. 

To implement the Agreement on the Conservation 

OCTOBER 22, 2019 

Reported from the Committee on Natural Resources 

OCTOBER 22, 2019 

Committee on Foreign Affairs discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


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